Difference Between a Divorce and a Dissolution
A dissolution is typically reached early in the process and both parties avoid lengthy/costly court costs and appearances. Divorces on the other hand typically happen when the two parties cannot come to terms & the court has to get involved.
A divorce is generally where the parties do not agree and is started by filing a complaint. If you and your spouse cannot agree on an issue (i.e. support, visitation, property division, attorney’s fees, court costs), then you must ask the court for it as part of the divorce complaint or the court cannot give it to you. So if you have received a complaint for divorce, do not panic because your spouse is asking for everything. However, there are some tactical advantages for the person who files for divorce first.
Some facets of divorce are:
- One party files a complaint for divorce.
- Divorce can be contested or uncontested, depending upon whether the defendant answers and/or contests.
- The Ohio divorce court can order temporary orders while the case is pending.
- The Ohio divorce court can issue restraining orders while the case is pending to prevent either party from disposing of assets, harassing the other, etc.
- The parties are required to exchange financial and other information with each other during a process called “discovery”.
- The case may result in a trial.
- An Ohio divorce can last anywhere from 90 days to one year (no children) or 18 months or more (divorce with children).
Dissolution of marriage is where the parties reach an agreement before anything is filed with a court. Some facets of dissolution of marriage:
- Both parties file a petition.
- By nature, a dissolution is uncontested.
- The parties agree to all issues, including custody, child support, spousal support, division of assets, debts, household goods and property, retirement accounts, life insurance, etc. before the case is filed.
- Both parties must appear at the final hearing, or the case will be dismissed.
- The parties exchange any financial or other information prior to filing the case, and there is no court ordered disclosure of assets.
- There are no temporary orders while the case is pending.
- There are no restraining orders preventing either party from disposing of or selling assets while the case is pending.
- There is no trial.
- An Ohio dissolution should be concluded within 90 days of the filing of the petition.
Questions regarding whether a divorce or dissolution is right for you?
Our attorneys can help you through the process, contact us today for more info.